Philadelphia Premises Liability Lawyer
Slip and fall accidents can occur almost anywhere and usually take place unexpectedly. Given the often cold and snowy winters in Philadelphia, outdoor slip and fall accidents, are unfortunately commonplace.
Liability in a premises liability case usually hinges on notice – and whether a property owner or occupier knew of a danger and/or took measures to warn of (or correct) the danger or defect.
If you have been injured in a Philadelphia slip and fall, you should contact a Philadelphia premises liability lawyer as soon as possible, to ensure that your claim is filed in a timely manner.
Remember that insurance companies are not on your side, and an experienced personal injury lawyer will be able to analyze all the facts and circumstances of your case and make a determination about how to proceed.
Common Locations Accidents
Although slip-and-fall accidents can occur almost anywhere, the most common locations for slip-and-fall accidents are as follows:
- Sidewalks
- Driveways
- Parking garages
- Grocery stores
- Shopping malls and shopping centers
- Restaurants
Proving Negligence in Premises Liability Cases
To prove liability on the part of a premises owner or occupier in a slip-and-fall case, an injured plaintiff or their Philadelphia premises liability attorney must prove the following elements of negligence:
- Duty (i.e. on the part of the premises owner or occupier)
- Breach of duty
- Causation
- Damages
The duty owed by a premises owner or occupier to an injured plaintiff depends upon the plaintiff’s status on the premises. The following classifications under premises law includes a(n):
- Invitee
- Licensee
- Trespasser
Understanding Visitor Classifications
An invitee is someone who is on the premises to further the business owner’s purposes. Consequently, an invitee is owed the highest duty of care. The most common example of a business invitee is a shopper at a grocery store or shopping mall.
A premises owner/occupier owes business invitees a duty to warn of unknown dangerous defects on the property and/or to take reasonable corrective action to repair the defect. An owner/occupier also has an affirmative duty to inspect the premises for unknown defects and hazards.
Licensee vs. Trespasser
A licensee is someone who is on the premises to advance the licensee’s own interests. A typical example of a licensee is a social guest or a visitor to someone’s home. A premises owner/occupier owes a duty of reasonable care to warn licensees of known dangerous conditions but has no duty to inspect the premises for unknown defects
A trespasser is someone who does not have permission to be on the premises at any time. A premises owner/occupier typically does not owe a trespasser any duty of care. However, an exception may be made for a known frequent trespasser on the premises, such as a young child
Damages Available To Injured Visitors
Slip-and-falls can result in serious, and sometimes catastrophic, injuries, including fractures, broken bones, and soft tissue injuries. As a Philadelphia premises liability lawyer knows, the most common types of damages available to injured plaintiffs in slip-and-fall cases include:
- Payment of medical and physical therapy bills
- Lost wages
- Past, present, and future pain and suffering
- Loss of earning capacity
- Mental anguish
How a Premises Liability Attorney Can Help
If you or someone you love has been injured in a Philadelphia slip-and-fall, you may be entitled to compensation under Pennsylvania law. Premises liability lawsuits must normally be filed within two years of sustaining your injuries. You should contact an experienced Philadelphia premises liability lawyer as soon as possible to begin your case.
